Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
3Activity
0 of .
Results for:
No results containing your search query
P. 1
Innovative Automation v. Apple

Innovative Automation v. Apple

Ratings: (0)|Views: 2,642 |Likes:
Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 6:12-cv-00882: Innovative Automation LLC v. Apple, Inc. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l76T for more info.
Official Complaint for Patent Infringement in Civil Action No. 6:12-cv-00882: Innovative Automation LLC v. Apple, Inc. Filed in U.S. District Court for the Eastern District of Texas, no judge yet assigned. See http://news.priorsmart.com/-l76T for more info.

More info:

Published by: PriorSmart on Nov 16, 2012
Copyright:Public Domain

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

07/10/2013

pdf

text

original

 
IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASTYLER DIVISION
INNOVATIVE AUTOMATION LLC,Plaintiff,v.APPLE INC.,Defendant.
 
Case No. 6:12-cv-882JURY TRIAL DEMANDED
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Innovative Automation LLC states its Complaint against Defendant Apple Inc.and alleges as follows:
THE PARTIES
1.
 
Plaintiff Innovative Automation LLC is a limited liability company organized andexisting under the laws of the State of California, with its principal place of business at 606North First Street, San Jose, California 95112.2.
 
Upon information and belief, Defendant Apple Inc. is a corporation organized andexisting under the laws of the State of California, with its principal place of business at 1 InfiniteLoop, Cupertino, California 95014.
JURISDICTION AND VENUE
3.
 
Plaintiff realleges and incorporates by reference the above paragraphs of thisComplaint, inclusive, as though fully set forth herein.4.
 
This action is for patent infringement pursuant to the patent laws of the UnitedStates, 35 U.S.C. §§ 1
et seq.
This Court has subject matter jurisdiction over the action pursuantto 28 U.S.C. §§ 1331 and 1338(a).
 
 
25.
 
Personal jurisdiction exists generally over Defendant because Defendant hassufficient minimum contacts with the forum as a result of business conducted within the State of Texas and within the Eastern District of Texas. Personal jurisdiction also exists specifically overDefendant because it, directly or through subsidiaries or intermediaries, makes, uses, offers forsale, sells, imports, advertises, makes available and/or markets one or more products and/orservices within the State of Texas, and more particularly, within the Eastern District of Texas,that infringe the patent-in-suit, as described more particularly below.6.
 
Venue is proper in the Eastern District of Texas pursuant to 28 U.S.C. §§ 1391 and1400(b), because Defendant has committed acts of infringement in the Eastern District of Texasand has transacted business in the Eastern District of Texas.
COUNT ONEINFRINGEMENT OF U.S. PATENT NO. 7,174,362
7.
 
Plaintiff realleges and incorporates by reference the above paragraphs of thisComplaint, inclusive, as though fully set forth herein.8.
 
Plaintiff is the owner of all right, title, and interest in United States Patent No.
7,174,362, entitled “Method and System for Supplying Products from Pre
-Stored Digital Data in
Response to Demands Transmitted via Computer Network,” duly and legally issued by the
United States Patent and Trademark Office o
n February 6, 2007 (the “‟362 patent”). A true andcorrect copy of the „362 patent is attached hereto as Exhibit A.
 9.
 
Defendant has infringed and continues to infringe, literally and/or under thedoctrine of equivale
nts, one or more claims of the
362 patent under 35 U.S.C. § 271 by making,using, offering to sell, selling, and/or importing into the United States the patented inventionwithin the United States. Specifically, Defendant
has infringed and continues to infringe the „
362
 
 
3patent by making, using, offering to sell, selling, and/or importing into the United States itsiCloud product and service, which uses the claimed method of duplicating digital data.10.
 
As a result of Defendant‟s infringing activities
 
with respect to the „
362 patent,Plaintiff has suffered damages in an amount not yet ascertained. Plaintiff is entitled to recoverdamages adequate to compensate it for
Defendant‟s infringing activities in an amount to be
determined at trial, but in no event less than reasonable royalties, together with interest and costs.
Defendant‟s infringement of Plaintiffs exclusive rights under the ‟
362 patent will continue todamage Plaintiff, causing irreparable harm for which there is no adequate remedy at law, unlessenjoined by this Court.11.
 
Plaintiff reserves the right to allege, after discovery, that Defendant
s infringement
of the „
362 patent is willful and deliberate, entitling Plaintiff to increased damages under 35
U.S.C. § 284, and to attorneys‟ fees incurred in prosecuting this action under 35 U.S.C. § 285
.
COUNT TWOINFRINGEMENT OF U.S. PATENT NO. 7,392,283
12.
 
Plaintiff realleges and incorporates by reference the above paragraphs of thisComplaint, inclusive, as though fully set forth herein.13.
 
Plaintiff is the owner of all right, title, and interest in United States Patent No.7,392,283,
entitled “
Method and System for Supplying Products from Pre-Stored Digital Data in
Response to Demands Transmitted Via Computer Network,”
duly and legally issued by theUnited States Patent and Trademark Office on June 24, 2008 (
the “‟
283
 patent”). A true andcorrect copy of the ‟
283 patent is attached hereto as Exhibit B.14.
 
Defendant has infringed and continues to infringe, literally and/or under the
doctrine of equivalents, one or more claims of the ‟283 patent under 35 U.S.C.
§ 271 by making,using, offering to sell, selling, and/or importing into the United States the patented invention

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->